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HomeMy WebLinkAboutResolution No. PZ2019-25CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-25 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A CONDITIONAL USE PERMIT FOR THE USE OF A GUIDE SERVICE AT 1325 ANGLER DRIVE APPLICANT: JEFF BRESSLER PROPERTY ADDRESS: 1325 ANGLER DRIVE LEGAL DESCRIPTION: LOT 18, BLOCK 1, ANGLERS ACRES SUBDIVISION PART 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04939021 WHEREAS , a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on July 1, 2019; and, W HEREAS , the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipa l Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on June 24, 2019, following requirements outlined in Kenai Municipal Code 14.20 .280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1 . KMC 14 .20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Condition Exists : The subject parcel is within the RR Zone. Pursuant to KMC 14.20.080, the intent of the zone is for low density residential development in an attractive residential environment, to prohibit uses which would violate the residential character of the environment or generate heavy traffic in a predom inantly residential area, and to separate residential structures in order to prevent health hazards and preserve the rural, open quality of the environment. Adequate parking is available on the property for the use and the use would not generate heavy traffic. The applicant notes that he will supervise clients and be mindful of noise and the privacy of his neighbors. The use will not violate the residential character of the neighborhood. 2. KMC 14. 20. 150(d)(2) The value of the adjoining property and neighborhood will not be significantly impaired; Resolution No . PZ2019-25 Page 2 of 3 Condition Exi sts : There are s imila r businesses associated with fishing and tou rism in the neighborhood . Property owners have established similar businesses associated with fishing and tourism along Angler Drive due to its proximity to the Kenai R iver and Beaver Creek . Beaver Creek is to the east of the subject parcel. Private residences are to the north and south. Across Angler Drive to the west is a vacant lot. 3 . KMC 14 .20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Condition Exists : The proposed use is in line with goals and objectives identified in the Comprehensive Plan, including an objective for Goal 2-Economic Development to capitalize on the tourism industry. This use would not conflict with objectives in Goal 8- Environmental Resources to protect the Kenai River. 4 . KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Condition Exists : The properties located along Angler Drive are serviced by well and septic , natural gas, electricity , and telephone services . The applicant notes a restroom, electricity, water, and parking already in place to serve guided fishing clients . 5. KMC 14 .150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Condition Exists: The use of a guide service will not be harmful to the public safety, health, or welfare . A fishing guide service was previously operated from this location until 2016 by previous owner and there were not any harmful effects to public safety, health, or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design , operation of the use and other similar aspects related to the proposed use. Conditions of the conditional use permit are stated in Section 2 of the resolution. WHEREAS, the applicant has agreed to conditions of the conditional use permit that will protect public safety health, and welfare , follow the intent of the Rural Residential Zone, and follow City requirements of the conditional use permits and bed and breakfast establishments . NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to Jeff Bressler for the use of guide service. Section 2 . That the conditional use permit is subject to the following conditions : 1. Applicant must comply with all federal, State of Alaska , and local regulations . Resolution No . PZ2019-25 Page 3 of 3 2. Applicant shall file an annual report for the Conditional Use Permit as set fort h in Kena i Municipal Code 14.20.155 . 3. The applicant will meet with City staff for on-site inspections when requested . 4. If there is a change of use for the above described property a new Conditional Use Permit must be obtained, pursuant to 14 .20 .150(i)(5). 5. Pursuant to KMC 14.20 .150(i)(2), this permit shall expire automatically upon terminat ion or interruption of the use for a period of at least one year. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI , ALASKA, this 24th day of July, 2019 . ATTEST :